Lawyers Blog Blog,Legal How Does Estate Law work

How Does Estate Law work

The Law Offices of John N. Kitta Estate Lawyer; http://www.youareingoodhands.com/, provides comprehensive legal help in the area of estate law. Come by our offices in Fremont, California. You may be a client but we will treat you like one of our family. This is core to us because estate planning is a legal service that everyone will need whether they realize it or not. Estate planning covers a number of elements but it is simply providing for the continued management of one’s assets whether they have the capacity to do so our not. Careful and attentive estate planning takes into account the tax consequences of one’s estate based on the nature of that person’s estate and the location of that estate. A person’s estate could be anything from a simply bank account to ownership and holdings in real property and corporate interests.

If you take the time to check out our website at http://www.youareingoodhands.com/ many of your answers regarding estate planning can be answered. The following areas are some of the most frequently asked topics regarding estate law and planning Estate Law:

  • Organization and succession of family owned and operated businesses.
  • The division of real, personal and intellectual property and assets.
  • Conflicts and administration of matters regarding one’s social security disability trusts benefits.
  • The preparation of wills and trusts for generational familial assets.
  • The purposes and requirements related to durable and sometimes limited powers of attorney.
  • The design and creation of charitable trusts as well as trusts for minors and for certain people with special needs.
  • Internal Revenue Service and the State of California’s application of its Franchise Tax Board and negotiations involving general estate taxes.
  • The need for proactive planning to avoid or limit exposure of ones estate to probate court and conflicts regarding inheritance issues.
  • The relevance of estate planning and why one would need a living trust and what is a living trust.

There is no one formula for estate planning that suits all individuals. The proper legal advice is based upon the nature and extent of one’s estate. My office will sit down with you and do an estate audit of all of your business holdings, real property interests as well as potential future earnings still due to you such as annuities, stock and other investment yields. I will then outline some estate structures that you can engage in now as well as put into place in the future. It is not difficult once you realize that you only become aware of the need for estate planning once a crisis is already at hand.

For clients that have special wealth management needs I can help you as well. especially residents of California. Come on in. I can’t wait to be of service to you!

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Injured on the JobInjured on the Job

If you have injured yourself on your job then take a few minutes to find out the right steps to proper recovery.

Get first aid

You were probably given instructions on what to do if you injure yourself at the beginning. The most important thing is that you stay calm, and hope that everything is going be ok. Obtain help from your coworkers, tell them the way you hurt yourself, and tell them where you feel the pain. If you are alone than obtain first aid or other medical treatment authorized by Workers Compensation Board. If the injury is not that bad and you are conscious, then it’s probable that you will be sent home on a vacation. First visit a doctor, and get diagnosis on your injury. You need to get written documents that you can show to your supervisors in case they asked for it. If diagnosis show bad results, that you need to ask for some time to get a medical treatment. If your boss doesn’t comply with it, than you need to get in touch with a lawyer that deals with personal injuries. Some even offer Free Consultation that can help you decide how to resolve the problem with your manager. They will review your case and protect your legal rights.

Know your rights

The cost of the medical treatment needs to be paid by your employer or his/her insurance carrier. You may be requested to sign form A-9, which is a claim that you will be responsible for the medical bills, if the Workers

Board decides so, or you don’t ask for it. The Workers Compensation Board offers three types of benefits. The first one is when the employer choses to pay all your recovery costs, including medicament, travel expenses, and paid vacation, most likely every two weeks.

Different states differ at the minimum and maximum of payment while you are injured. If that injury has consequences on your further company contribution, then the employer is responsible not to fire you. He can keep you on a different, easier position that doesn’t require a lot of physical effort. Also, if there is any long-lasting impairment, than you should be aware that the employer is obliged to support financially your further medical assessment.

If the Compensation Board or the employer offers you any lower compensation than you expected, then contact your consultant again. The insurance agencies are nothing but a business. They try to maximize their profit, and as such they will offer the lowest possible treatment.

Recovery period

In order to achieve full speed recovery, strictly follow doctor’s instructions. Go back to work only if you feel able to, and you have the approval of your doctor that you can carry on normally.

3 Times To Consult a Lawyer3 Times To Consult a Lawyer

As an individual who worked as a paralegal for a couple years after college, I am a huge proponent of consulting lawyers when you have problems that need to be resolved with the help of a professional. That being said, what are three specific instances in which you should consult a lawyer. First, I’d say you should consult a lawyer when you are going through a divorce. This is a crazy time where the emotions of both spouses are heightened and things can get really ugly really fast. I was a family law paralegal and saw this day in and day out. When you get divorced there are so many different little things to consider that consulting with a lawyer is in your best interest.

Second, I’d say you should consult a lawyer when you are needing the declare bankruptcy. Hopefully this never happens to you, but given the economic status of the United States, I’ve seen a lot of people struggle financially. Declaring bankruptcy is a big deal since it affects you in a very real way for at least 7 years, but in reality for your whole life. Rather than running into it too hastily, I suggest consulting with a lawyer beforehand to really see if that is your best option.

Third, I’d say you should consult a lawyer when you are charged criminally with a crime. Once again, I sure hope you don’t find yourself down this road, but everyone is entitled to representation. Even those individuals who can’t afford a lawyer can have a court appointed one. The law has many intricacies so it is best to speak to someone who has made it their career to understand the law and help other people. This is crucial depending on the severity of the crime because you could end up in jail forever. It is important to speak with a lawyer who specializes in your particular issue.

For instance, our attorney is a worker’s compensation specialist. When an attorney specializes in your legal issue you know you are going to be well taken care of because they have a lot of experience with it if it is all they focus on and spend their time doing. So regardless of what preconceived notions you have about lawyers, there are some times where you should definitely consult with one.

Chapter 7 or Chapter 13?Chapter 7 or Chapter 13?

Realizing that you are in a position that might require filing for bankruptcy is a hard pill to swallow for anybody. It takes a lot of humility to understand that you have screwed up. Filing for bankruptcy usually has a negative connotation associated with it. It is a very long thought-out and difficult decision people make. However, it is important to know what happens when you file for bankruptcy. First when considering whether or not you should file for bankruptcy you will be required to attend approximately six months of credit counseling and at the end you will take a test to see whether Chapter 7 or Chapter 13 is more suited to your needs.

Chapter 7 and Chapter 13 are the two most common types of bankruptcy individuals end up filing with the Court. With Chapter 13 you will set up a specific payment plan including payment and time period to pay back the loan to pay back your creditors on payments that are overdue. The time period used is typically about five years. The Court needs to approve your payment plan and this happens once they have sufficient evidence that you have the financial means to pay the debts back as you have outlined. Often this is the more desirable option as you get to keep your property and work over time to pay things off. On the other hand, with Chapter 7 you have to fill out a bunch of paperwork detailing all of the property you own and assign a value to each item. It tends to be known as liquidation bankruptcy. You then typically have a hearing where your creditors get to determine whether each item should be part of the bankruptcy. A trustee will then take these items and work on converting them into cash to pay back your creditors. Hence the liquidation aspect. It is important to understand that once a bankruptcy claim is filed, an automatic stay is put in place which prevents creditors from furthering harassing you for payment during the proceedings.

A lot of people enjoy this aspect because it can get overwhelming having creditors down your back every day. A month or so after you file your claim, your trustee with meet with creditors to discus your bankruptcy. The trustee acts as the intermediary between you and the creditors so that you don’t keep receiving harassment from creditors. The trustee will go over the paperwork with you and make sure there aren’t any discrepancies with values you have assigned different items of property you listed. Based on your goals, assets, debts, income and expenses filing for bankruptcy can help wipe out most types of debt including credit cards and medical bills, reduce monthly payments, stop creditor harassment, stop repossession of your vehicle, stop the foreclosure of your residence, stop wage garnishments, and even stop the stress caused by debt collectors. Either option you choose, Chapter 7 or Chapter 13, it is important to have an attorney look over things. Kirkpatrick & Associates is a great firm to call. They will assist you in getting back on the right track. Bankruptcy may not be the best option for everyone so it is important to have an attorney go over things with you and help you come to the best option for your situation.